Date: Mon, 12 Jun 95 10:05:54 EST
Errors-To: Comp-privacy Error Handler
From: Computer Privacy Digest Moderator
To: Comp-privacy@uwm.edu
Subject: Computer Privacy Digest V6#053
Computer Privacy Digest Mon, 12 Jun 95 Volume 6 : Issue: 053
Today's Topics: Moderator: Leonard P. Levine
Freedom of Information Request [long]
Info on CPD [unchanged since 12/29/94]
----------------------------------------------------------------------
From: danturk007@aol.com (DanTurk007)
Date: 09 Jun 1995 21:07:09 -0400
Subject: Freedom of Information Request [long]
Organization: America Online, Inc. (1-800-827-6364)
Here ya go, use and enjoy FOIA FILES KIT - INSTRUCTIONS
USING THE FREEDOM OF INFORMATION ACT REVISED EDITION
Fund for Open Information and Accountability, Inc.
339 Lafayette Street,
New York, NY 10012
(212) 477-3188
INSTRUCTIONS The Freedom of Information Act entitles you to
request any records maintained by a federal Executive branch agency.
The agency must release the requested material unless it falls into one
of nine exempt categories, such as "national security," "privacy,"
"confidential source" and the like, in which case the agency may but is
not compelled to refuse to disclose the records. This kit contains all
the material needed to make FOIA requests for records on an individual,
an organization or on a particular subject matter or event. HOW TO
MAKE A COMPLETE REQUEST
Step 1: Select the appropriate sample letter. Fill in the blanks in
the body of the letter. Read the directions printed to the right of
each letter in conjunction with the following instructions: For
organizational files: In the first blank space insert the full and
formal name of the organization whose files you are requesting. In the
second blank space insert any other names, acronyms or shortened forms
by which the organization is or has ever been known or referred to by
itself or others. If some of the organization's work is conducted by
sub-groups such as clubs, committees, special programs or through
coalitions known by other names, these should be listed. For individual
files: Insert the person's full name in the first blank space and any
variations in spelling, nicknames, stage names, marriage names, titles
and the like in the second blank space. Unlike other requests, the
signatures of an individual requesting her/his own file must be
notarized. For subject matter or event files: In the first blank space
state the formal title of the subject matter or event including
relevant dates and locations. In the second blank space provide the
names of individuals or group sponsors or participants and/or any other
information that would assist the agency in locating the material you
are requesting.
Step 2: The completed sample letter may be removed, photocopies and
mailed as is or retyped on your own stationary. Be sure to keep a copy
of each letter.
Step 3: Addressing the letters: Consult list of agency addresses.
FBI: A complete request requires a minimum of two letters. Send one
letter to FBI Headquarters and separate letter to each FBI field office
nearest the location of the individual, the organization or the subject
matter/event. Consider the location of residences, schools, work and
other activities.
INS: Send a request letter to each district office nearest the location
of the individual, the organization or the subject matter/event.
Address each letter to the FOIA/PA office of the appropriate agency. Be
sure to make clearly on the envelope: ATTENTION--FOIA REQUEST. FEE
WAIVER You will notice that the sample letters include a request for
fee waiver. Many agencies automatically waive fees if a request
results in the release of only a small number of documents, e.g. 250
pages or less. Under the Act, you are entitled to a waiver of all
search and copy fees associated with your request if the release of the
information would primarily benefit the general public. However, in
January 1983, the Justice Department issued a memo to all federal
agencies listing five criteria which requesters must meet before they
are deemed entitled to a fee waiver. Under these criteria, a requester
must show that the material sought to be released is already the
subject of "genuine public interest" and "meaningfully contributes to
the public development or understanding of the subject"; and that
she/he has the qualifications to understand and evaluate the materials
and the ability to interpret and disseminate the information to the
public and is not motivated by any "personal interest." Finally, if
the requested information is already "in the public domain," such as in
the agency's reading room, no fee waiver will be granted. You should
always request a waiver of fees if you believe the information you are
seeking will benefit the public. If your request for a waiver is
denied, you should appeal that denial, citing the ways in which your
request meets the standards set out above.
MONITORING THE PROGRESS OF YOUR REQUEST Customarily, you will
receive a letter from each agency within 10 days stating that your
request has been received and is being processed. You may be asked to
be patient and told that requests are handled cafeteria style. You have
no alternative but to be somewhat patient. but there is no reason to be
complacent and simply sit and wait. A good strategy is to telephone the
FOIA office in each agency after about a month if nothing of substance
has been received. Ask for a progress report. The name of the person
you talk with and the gist of the conversation should be recorded. try
to take notes during the conversation focusing especially on what is
said by the agency official. Write down all the details you can recall
after the call is completed. Continue to call every 4 to 6 weeks. Good
record keeping helps avoid time-consuming and frustrating confusion. A
loose-leaf notebook with a section devoted to each request simplifies
this task. Intervening correspondence to and from the agency can be
inserted between the notes on phone calls so that all relevant material
will be at hand for the various tasks: phone consultations, writing the
newsletter, correspondence, articles, preparation for media
appearances, congressional
testimony or litigation, if that course is adopted.
HOW TO MAKE SURE YOU GET EVERYTHING YOU ARE ENTITLED TO ... AND WHAT TO
DO IF YOU DO NOT.
After each agency has searched and processed your request, you will
receive a letter that announces the outcome, encloses the released
documents, if any, and explains where to direct an appeal if any
material has been withheld. There are four possible outcomes:
1. Request granted in full: This response indicates that the agency
has released all records pertinent to your request, with no exclusions
or withholdings. The documents may be enclosed or, if bulky, may be
mailed under separate cover.This is a very rare outcome.
Next Step: Check documents for completeness (see instructions below).
2. Requested granted in part and denied in part: This response
indicates that the agency is releasing some material but has withheld
some documents entirely or excised some passages from the documents
released. The released documents may be enclosed or, if bulky, mailed
under separate cover.
Next step: Check documents released for completeness (see instructions
below) and make an administrative appeal of denials or incompleteness
(see instructions below).
3. Request denied in full: This response indicates that the agency is
asserting that all material in its files pertaining to your request
falls under one or the nine FOIA exemptions. These are categories of
information that the agency may, at its discretion, refuse to release.
Next step: Make an administrative appeal (see instructions below).
Since FOIA exemptions are not mandatory, even a complete denial of your
request can and should be appeals.
4. No records: This response will state that a search of the agency's
files indicates that it has no records corresponding to those you
requested. Next step: Check your original request to be sure you have
not overlooked anything. If you receive documents from other agencies,
review them for indications that there is material in the files of the
agency claiming it has none. For example, look for correspondence, or
references to corr
HOW TO CHECK FOR COMPLETENESS
Step 1: Before reading the documents, turn them over and number the
back of each page sequentially. The packet may contain documents from
the agency's headquarters as well as several field office files.
Separate the documents
into their respective office packets. Each of these offices will have
assigned the investigation a separate file number. Try to find the
numbering system. Usually the lower right-hand corner of the first
page carries a hand-written file and document number. For instance, an
FBI document might be marked "100-7142-22". This would indicate that
it is the 22nd document in the 7142nd file in the 100 classification.
As you inspect the documents, make a list of these file numbers and
which office they represent. In this way you will be able to determine
which office created and which office received the document you have in
your hand. Often there is a block stamp affixed with the name of the
office from whose files this copy was retrieved. the "To/From" heading
on a document may also give you corresponding file numbers and will
help you puzzle out the origin of the document. When you have finally
identified each document's file and serial number and separated the
documents into their proper office batches, make a list of all the
serial numbers in each batch to see if there any missing numbers. If
there are missing serial numbers and some documents have been withheld,
try to determine if the missing numbers might reasonably correspond to
the withheld documents.If not, the realize may be incomplete and an
administrative appeal should be made.
Step 2: Read all the document released to you. Keep a list of all
document referred to the text--letters, memos, teletypes, reports,
etc. Each of these "referred to" documents should turn up in the
packet released to you. If any are not in the packet, it is possible
they may be among those document withheld; a direct inquiry should be
made. In an administrative appeal, ask that each of these "referred
to" documents be produced or that the agency state plainly that they
are among those withheld. Of course, the totals of unproduced vs.
withheld must be within reasons; that is, if the total number of
unproduced documents you find referred to the text of the documents
produced exceeds the total number of documents withheld, the agency
cannot claim that all the referred to documents are accounted for by
the withheld category. You will soon get the hand of making logical
conclusions from discrepancies in the totals and missing document
numbers. Another thing to look for when reading the released documents
if the names of persons or agencies to whom the document has been
disseminated. the lower left-hand corner is a common location for the
typed list of agencies or offices to whom the document has been
directed. In addition, there may be additional distribution recorded by
hand, there or elsewhere on the cover page. There are published
glossaries for some agencies that will help in deciphering these
notations when they are not clear. Contact FOIA, Inc., if you need
assistance in deciphering the text.
Finally, any other file numbers that appear on the document should be
noted, particularly in the subject of the file is of interest and is
one you have not requested. You may want to make an additional request
for some of these files.
HOW TO MAKE AN ADMINISTRATIVE APPEAL
Under the FOIA, a dissatisfied requester has the right of
administrative appeal. the name and address of the proper appeal office
will be given to you by each agency in its final response letter. This
kit contains a sample appeal letter with suggesting for adapting it to
various circumstances. However, you need not make such an elaborate
appeal; in fact, you need not offer any reasons at all but rather
simply write a letter to the appeals unit stating that "this letter
constitutes an appeal of the agency's decision." Of course, if you
have identified some real discrepancies, you will want to set them for
fully, but even if you have not found any, you may simply ask that the
release be reviewed. If you are still dissatisfied after the
administrative appeal process, the FOIA gives you the right to bring a
lawsuit in federal district court on an expedited basis.
SAMPLE FBI REQUEST LETTER
Date: To: FOIA/PA Unit Federal Bureau of Investigation
This is a request under the Freedom of Information Act. I request a
complete and thorough search of all filing systems and locations for
all records maintained by your agency pertaining to and/or
captioned:_______________________________ [describe records desired
and/or insert full and _________________ formal name] ________
_____________________________________________________ including,
without limitations, files and documents captioned, or whose captions
include _____________________________________________________ [insert
changes in name, commonly used names,
_____________________________________________________acronyms,
sub-groups, and the like] ___________________________________________
This request specifically includes "main" files and "see references,"
including, but not limited to numbered and lettered sub files, "DO NOT
FILE" files, and control files. I also request a search of the ELSUR
Index, and the COINTELPRO Index. I request that all records be produced
with the administrative pages.I wish to be sent copies of "see
reference" cards, abstracts, search slips, including search slips used
to process this request, file covers, multiple copies of the same
documents if they appear in a file, and tapes of any electronic
surveillance's. I wish to make it clear that I want all records in your
office "identifiable with my request," even though reports on those
records have been sent to Headquarters and even though there may be
duplication between the two sets of files. I do not want just "interim"
documents. I want all documents as they appear in the "main" files and
"see references" of all units of your agency. If documents are denied
in whole or in part, please specify which exemption(s) is(are) claimed
for each passage or whole document denied. Please provide a complete
itemized inventory and a detailed factual justification of total or
partial denial of documents. Give the number of pages in each document
and the total number of pages pertaining to this request. For
"classified" material denied please include the following information:
the classification (confidential, secret or top secret); identity of
the classifier; date or event for automatic declassification,
classification review, or down-grading; if applicable, identity of
official authorizing extension of automatic declassification or review;
and if applicable, the reason for extended classification. I request
that excised material be "blacked out" rather than "whited out" or cut
out and that the remaining non-exempt portions of documents will be
released as provided under the Freedom of Information Act. Please send
a memo (copy to me) to the appropriate units in your office to assure
that no records related to this request are destroyed. Please advise of
any destruction of records and include the date of and authority for
such destruction. As I expect to appeal any denials, please specify the
office and address to which an appeal should be directed. I believe my
request qualifies for a waiver of fees since the release of the
requested information would primarily benefit the general public and be
"in the public interest."
I expect a response to this request within ten (10) working days, as
provided for in the Freedom of Information Act.
Sincerely,
name: _______________________________________________
address: ____________________________________________
telephone: __________________________________________
signature: __________________________________________
SAMPLE AGENCY REQUEST LETTER
DATE: TO: FOIA/PA Unit This is a request under the Freedom of
Information Act.I request a complete and thorough search of all filing
systems and locations for all records maintained by your agency
pertaining to and/or captioned
______________________________________________________ [describe
records desired and/or insert full and_______________________ formal
name] ______________________________________________________
______________________________________________________ including,
without limitation, files and documents captioned, or whose captions
include: ______________________________________________________
[insert changes in name, commonly used names_____________________
acronyms, sub-groups and the like]
______________________________________________________
______________________________________________________ I also
request all "see references" to these names, a search of the ELSUR
Index or any similar technique for locating records of electronic
surveillance. This request is also a request for any corresponding
files in INS Headquarters or regional offices. Please place any
"missing" files pertaining to this request on "special locate" and
advise that you have done this. If documents are denied in part or
whole, please specify which exemption(s) is(are) claimed for each
passage or whole document denied. Please provide a complete itemized
inventory and detialed factual justification of total or partial denial
of documents. Specify the number of pates in each document and th ttoal
number of pages pertaining to this request. For classified material
denied, please include the following information: the classification
rating (confidential, secret, or top secret); identify the classifier;
date or event for automatic declassification, classification review or
downgrading; if applicable, identify the official authorizing extension
of automatic declassification or reviw; and, if applicable, give the
reason for extended classification. I request that excised material be
"blacked out" rather than "whited out" or cut out. I expect, as
provided by the Freedom of Information Act, that the remaining
non-exempt portions of documents will be released. Please send a memo
(copy to me) to the appropriate units in your officeor agency to assure
that no records related to this request are destroyed. Please advise of
any destruction of records and include the date of and authority for
such destruction. As I expect to appeal any denials, please specify the
office and address to which an appeal should be directed. I believe my
request qualifies for a waiver of fees since the release of the
requested information would primarily benefit the general public and be
"in the public interest." I can be reached at the phone listed below.
Please call rather than write if there are any questions or if you need
additional information from me. I expect a response to this request
within ten (10) working days, as provided for in the Freedom of
Information Act.
Sincerely,
name: _______________________________________________
address: ____________________________________________
telephone: (___)_______________________________________
signature: __________________________________________
SAMPLE ADMINISTRATIVE APPEAL LETTER
Date: To: FOIA/PA Appeals Office RE: Request numer [Add this if the
agency has given your request a number] This is an appeal pursuant
to subsection (a)(6) of the Freedom of Information Act as amended
(5U.S.C. 552). On [date], I received a letter from [name of
official] of your agency denying my request for [describe briefly the
information you are after]. This reply indicated that an appeal letter
could be sent to you. I am enclosing a copy of my exchange of
correspondence with your agency so that you can see exactly what files
I have requested and the insubstantial grounds on which my request has
been denied.
[Optional paragraph, to be used if the agency has withheld all or
nearly all the material which has been requested]:
You will note that your agency has withheld the entire (or nearly the
entire) document (or file, or report, or whatever) that I requested.
Since the FOIA provides that "any reasonably secregable portion of a
record shall be provided to any eprson requesting such record after
deletion of the portions which are exempt," I believe that your agency
has not complied with the FOIA. I believe that there must be
(additional) segregble portions which do not fall wihtin FOIA
exemptions and which must be released.
[Optional paragraph, to be used in the agency has used the (b)(1)
exemption for national security, to withhold information]
Your agency has used the (b)(1) exemption to withhold information [I
question whether files relating to events that took place over twenty
years ago could realistically harm the national security.] [Because I
am familiar with my own activities during the period in question, and
know that none of these activities in any way posed a significant
threat to the national security, I question the designation of my files
or portions of my file as classified and exempt from disclosure because
of national security considerations.]
[Sample optional argument to be used if the exemption which is claimed
does not seem to make sense; you should cite as many specific instances
as you care to of items withheld from the documents that you ahve
received. We provide two examples which you might want to adampt to
your own case.]
"On the memo dated _____________ the second paragraph withheld under
the (b)(1) exemption appears to be describing a conversation at an open
meeting. If this is the case, it is impossible that the substance of
this converation could be properly classified." Or, "The memo dated
_____ refers to a meeting which I attended, but a substantial portion
is deleted because of the (b)(6) and (b)(7)(c) exemptions for
unwarranted invasions of personal privacy. Since I already know who
attended this meeting, no privacy interest is served by the
withholding." I trust that upon examination of my request, you will
conclude that the records I requested are not properly covered by
exemption(s) [here repeat the exemptions which the agency's denial
letter claimed applied to your request] of the amended FOIA, and that
you will overrule the decision to withhold the information. [Use if an
itemized inventory is not supplied originally]
If you choose instead to continue to withhold some or all of the
material which was denied in my initial request to your agency, I ask
that you give me an index of such matieral, together with the
justification for the denial of each item which is still withheld. As
provided in the Act, I will expect to receive a reply to this
administrative appeal letter within twenty working days.If you deny
this appeal and do not adequately explain why the material withheld is
properly exempt, I intend to initial a lawsuit to compel its
disclosure. [You can say that you intend to sue, if that is your
present inclination; you may still decide ultimately not to file suit.]
Sincerely yours, name:
FBI ADDRESSES AND PHONE NUMBERS FBI Headquarters, J. Edgar Hoover Bldg,
Washington, D.C., 20535, 202-324-5520
(FOI/PA Unit) Field Offices Albany, NY 12207, U.S. Post Office and
Courthouse, 518-465-7551
Albuquerque, NM 87101, Federal Office Bldg., 505-247-1555
Alexandria, VA 22314, 300 N. Lee St., 703-683-2681
Anchorage, AK 99510, Federal bldg., 907-272-6414
Atlanta, GA 30303, 275 Peachtree St. NE, 404-521-3900
Baltimore, MD 21207, 7142 Ambassador Rd., 301-265-8080
Birminghan, AL 35203, Room 1400, 2121 Bldg. 205-252-7705
Boston, MA 02203, J.F. Kennedy Federal Office Bldg., 617-742-5533
Buffalo, NY 14202, 111 W. Huron St., 716-856-7800
Butte, MT 59701, U.S. Courthouse and Federal Bldg., 406-792-2304
Charlotte, NC 28202, Jefferson Standard Life Bldg., 704-372-5485
Chicago, IL 60604, Everett McKinley Dirksen Bldg., 312-431-1333
Cincinnati, OH 45202, 400 U.S. Post Office & Crthse Bldg., 513-421-4310
Cleveland, OH 44199, Federal Office Bldg., 216-522-1401
Columbia, SC 29201, 1529 Hampton St., 803-254-3011
Dallas TX 75201, 1810 Commrce St., 214-741-1851
Denver, CO 80202, Federal Office Bldg., 303-629-7171
Detroit, MI 48226, 477 Michigan Ave., 313-965-2323
El Paso, TX 79901, 202 U.S. Courthosue Bldg., 915-533-7451
Honolulu, HI 96850, 300 Ala Moana Blvd., 808-521-1411
Houston, TX 77002, 6015 Fed. Bldg and U.S.Courthouse, 713-224-1511
Indianapolis, IN 46202, 575 N. Pennsylvania St., 317-639-3301
Jackson, MS 39205, Unifirst Federal and Loan Bldg., 601-948-5000
Jacksonville, FL 32211, 7820 Arlington Expressway, 904-721-1211
Kansas City, MO 64106, 300 U.S. Courthouse Bldg., 816-221-6100
Knoxville, TN 37919, 1111 Northshore Dr., 615-588-8571
Las Vegas, NV 89101, Federal Office Bldg., 702-385-1281
Little Rock, AR 72201, 215 U.S Post Office Bldg., 501-372-7211
Los Angeles, CA 90024, 11000 Wilshire Blvd, 213-272-6161
Louisville, KY 40202, Federal Bldg., 502-583-3941
Memphis, TN 38103, Clifford Davis Federal bldg., 901-525-7373
Miami, FL 33137, 3801 Biscayne Blvd., 305-573-3333
Milwaukee, WI 53202, Federal Bldg and U.S. Courthouse, 414-276-4681
Minneapolis, MN 55401, 392 Federal Bldg., 612-339-7846
Mobile, AL 36602, Federal Bldg., 205-438-3675
Newark, NJ 07101, Gateway I, Market St., 201-622-5613
New Haven, CT 06510, 170 Orange St., 203-777-6311
New Orleans, LA 70113, 701 Loyola Ave., 504-522-4671
New York, NY 10007, 26 Federal Plaza, 212-553-2700
Norfolk, VA, 23502, 870 N. Military Hwy., 804-461-2121
Oklahoma City, OK 73118, 50 Penn Pl. NW, 405-842-7471
Omaha, NB 68102, 215 N. 17th St., 402-348-1210
Philadelpha, PA 19106, Federal Office Bldg., 215-629-0800
Phoenix, AZ 85004, 2721 N. central Ave., 602-279-5511
Pittsburgh, PA 15222, Federal Office Bldg., 412-471-2000
Portland, OR 97201, Crown Plaza Bldg., 503-224-4181
Richmond, VA 23220, 200 W. Grace St., 804-644-2531
Sacramento, CA 95825, Federal Bldg., 916-481-9110
St. Louis, MO 63103, 2704 Federal Bldg., 314-241-5357
Salt Lake City, UT 84138, Federal Bldg., 801-355-7521
San Diego, CA 92188, Federal Office Bldg., 619-231-1122
San Francisco, CA 94102, 450 Golden Gate Ave., 415-552-2155
San Juan, PR 00918 U.S. Courthouse and Fed. Bldg., 809-754-6000
Savannah, GA 31405, 5401 Paulson St., 912-354-9911
Seattle, WA 98174, 915 2nd Ave., 206-622-0460
Springfield, IL 62702, 535 W. Jefferson St., 217-522-9675
Tampa, FL 33602, Federal Office Bldg., 813-228-7661
Washington, DC 20535, 9th and Pennsylvania Ave. NW, 202-324-3000
FEDERAL AGENCIES (SELECTED ADDRESSES)
Central Intelligence Agency Information and Privacy Coordinator Central
Intelligence Agency Washington, D.C. 20505 202-351-5659
Civil Service Commission Appropriate Bureau (Bureau of Personnel
Investigation, Bureau of Personnel Information Systems, etc.) Civil
Service Commission 1900 E Street, N.W. Washington, D.C. 20415
202-632-4431
Commission on Civil Rights General Counsel, U.S. Commission on Civil
Rights 1121 Vermont Ae., N.W. Room 600 Washington, D.C. 20415
202-254-6610
Consumer Product Safety Commission Office of the Secretary Consumer
Product Safety Commission 1111 18th St., N.W. Washington, D.C. 20207
202-624-7700 Department of Defense/Dept. of Air Force Freedom of
Information Manager Headquarters, USAF/DADF Washington, D.C. 20330-5025
202-697-3467
--
Dan Turkette/CEO Interstate Data Resources, Inc. / The Missing Persons
Bureau "We can find just about anyone"
------------------------------
From: "Prof. L. P. Levine"
Date: 29 Dec 1994 10:50:22 -0600 (CST)
Subject: Info on CPD [unchanged since 12/29/94]
Organization: University of Wisconsin-Milwaukee
The Computer Privacy Digest is a forum for discussion on the effect of
technology on privacy or vice versa. The digest is moderated and
gatewayed into the USENET newsgroup comp.society.privacy (Moderated).
Submissions should be sent to comp-privacy@uwm.edu and administrative
requests to comp-privacy-request@uwm.edu.
This digest is a forum with information contributed via Internet
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If you read this from the comp.society.privacy newsgroup and wish to
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On the other hand, if you read the digest eMailed to you, you generally
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Contributions to CPD should be submitted, with appropriate, substantive
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Contributions generally are acknowledged within 24 hours of
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The moderator reserves the right to delete extraneous quoted material.
He may change the SUBJECT: line of an article in order to make it
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A library of back issues is available on ftp.cs.uwm.edu [129.89.9.18].
Login as "ftp" with password identifying yourid@yoursite. The archives
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People with gopher capability can most easily access the library at
gopher.cs.uwm.edu.
Mosaic users will find it at gopher://gopher.cs.uwm.edu.
Older archives are also held at ftp.pica.army.mil [129.139.160.133].
---------------------------------+-----------------------------------------
Leonard P. Levine | Moderator of: Computer Privacy Digest
Professor of Computer Science | and comp.society.privacy
University of Wisconsin-Milwaukee | Post: comp-privacy@uwm.edu
Box 784, Milwaukee WI 53201 | Information: comp-privacy-request@uwm.edu
| Gopher: gopher.cs.uwm.edu
levine@cs.uwm.edu | Mosaic: gopher://gopher.cs.uwm.edu
---------------------------------+-----------------------------------------
------------------------------
End of Computer Privacy Digest V6 #053
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